A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On April 20, 2010, the Defendant was sentenced to a suspended sentence for ten months by imprisonment with labor for a violation of the Road Traffic Act at the Daejeon District Court on April 20, 2010. On July 17, 2018, the Defendant was sentenced to a suspended sentence for two years by imprisonment with labor for the same crime, etc. at the same court on July 25, 2018, and is currently under suspended sentence.

Criminal facts

On November 3, 2018, at around 10:00, the Defendant driven an E Uidi A6 car from approximately 50 meters away from the front side of the Cju store located in Daejeon Jung-gu, Daejeon to the front road of the D Park, while under the influence of alcohol content of 0.187%.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The sentencing conditions indicated in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by taking into account the following circumstances in the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act.

D. Unfavorable circumstances: The defendant was sentenced to a suspended sentence, and the defendant committed the crime of drinking alcohol in this case only for four months and was sentenced to a suspended sentence; the circumstances that the drinking alcohol in this case is considerably favorable: confession and reflect; the distance of driving is relatively short.